Do we have a claim on Uncles estate - intestancy rules

Do we have a claim on Uncles estate - intestancy rules

Postby josie0074 on Sun Jul 25, 2010 12:51 pm

My uncle, called F, passed away a couple of weeks ago. It was not unexpected considering his lifestyle, but it was a little early. He died without a will despite knowing he needed to write one. His estate is worth approx £250k. His "father" called G, has stepped in and has decided that he is to inherit all he has left. However, I would like to find out if we (me and me three siblings) have a claim instead.
His supposed father has NEVER been in his life. He is a man who flitted in and out of F's mothers life - called P. Denied all knowledge of the 2 children she had. Was never on their birth certificates, didn't exist as far as parental rights, didn't financially contribute etc.... He just has not been any part of their lives. He was never married to P. She married and divorced a different man but unfortunately passed away 5 years ago. She split her estate 50/50 with her 2 children - F and S. S is our mother. Very sadly S also passed away shortly after her mother, 4 years ago. She left her small estate to her children - 4 of us. This side of the family have always been close, however myself and my 3 siblings (and our children) are all that is left. F died without a spouse, partner or children.

G has decided at aged 95, that he inherits F's estate and has demanded death certificates and for us to back off. This is morally abhorrent to us considering G never acknowledged him as his son, indeed we don't actually know for sure he is. Like I said, there is no birth certificate. F never wanted anything to do with G either, to the point where he expressed hatred for him. This does indicate that F believed G to be his Father, but couldn't stand him. F's best friend is willing to state legally that F and G were estranged and how F would be disgusted if G benefited from his death.

What is known and documented is that P's inheritance be passed to F and S, and that S's inheritance then came to us. Part of what is left behind from F is P's estate. And as such, if he died, his part would automatically have gone to S, and in her death to us. Without any legal proof G is F's Dad, them being estranged in any case and morally it would be so wrong for G to benefit - what legal claims to do we have to F's estate and is it worth us registering an interest? if we do nothing, G will just take the lot. He is 95 - however he is a very fit and intelligent 95 and has told us very nastily to back off. We have also never been part of his life - he had children left right and centre over the years (last count around 15) to may different women. It beggers belief he can make a claim to F's estate - our side of the family when he has had no part of it.

Please advise.
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Re: Do we have a claim on Uncles estate - intestancy rules

Postby josie0074 on Sun Jul 25, 2010 12:54 pm

Amendment - there is a birth certificate. No one is named as Father.
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Re: Do we have a claim on Uncles estate - intestancy rules

Postby Lee Young on Mon Jul 26, 2010 4:20 pm

If he is your uncle's father then he is entitled to the estate and entitled to take out the grant of letters of administration. Being estranged etc does not change that at all.

You could force the issue by applying for the grant yourself and if he is willing to fight for his rights then he will need to prove (ultimately DNA) that he is your uncle's father. If he is he is entitled. If it is proved otherwise then in the absence of brothers and sisters of the deceased, all his nep[ews and nieces will inherit.
Lee Young
Solicitor, Chartered Tax Adviser and Trust and Estate Practitioner


Partner, Frettens LLP
leeyoung@frettens.co.uk
01202 491701
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